Lake Asbury Municipal Service Benefit District (LAMSBD)

Regular Board Meeting

March 7, 2022

Call to Order

The Trustees of the Lake Asbury Municipal Service Benefit District (LAMSBD) met in the Lake Asbury Community Center, 282 Branscomb Road. Chairman Alton Davis called the meeting to order at 6:33 pm.

Roll Call: The following Trustees were present: Chairman Alton Davis, Vice Chairman Forhan, Treasurer Kocher, Wantage, Weisenburger, Pence, Lahey, Scally. Staff: District Accountant Tom Hallquest, District Attorney Hans Wahl.

Administrative Announcements: Chairman Davis asked Carol Weisenburger to introduce the new District Secretary, Shirley Phillips.

Pledge of Allegiance

Chairman Davis stated that this meeting is recorded, both audio and video, and will be posted on the LAMSBD website (www.LAMSBD.com). Meeting will last approximately 2 hours. Chairman Davis reviewed meeting procedures, as listed in the meeting agenda.

Approval of Minutes: February meeting minutes were corrected. The contract for Mr. Ley was approved 6 - 1. Carol Weisenburger will amend the minutes.

Treasurers Report: Carl Kocher - Vice Chair Forhan asked “Does Darla (our web master) have a contract?” Answer, NO, she is paid hourly.

Motion by Carl Kocher to approve Treasurer’s report Second by Matt Forhan - motion passed 8-0.

Treasures Report Cont’d: Carl gave a brief explanation of expenses and request approval of checks 3746 thru 3752. Carol Weisenburger moved to accept Matt Forhan second. Motion passed 8– 0.

Financial Audit: Treasurer Carl Kocher moved to have a conference call with Mary Ann Magers (Magers and Associates), Treasurer Kocher, Tom Hallquest (LAMSBD Accountant), Hans Wahl (District Attorney), Mike Kelter (Past District Engineer) and Walt Reigner (if available). Chairman Davis is welcome to listen in on the call but due to the Sunshine Law he may not participate. Motion by Carl Kocher, Second by Matt Forhan Passed 8-0. Mr. Wahl will arrange the call.

Carl would like to build a base to be able to move quickly on dam repairs, rather than get caught short. To that end, Carl requested permission to find a qualified bank to Partner and plan with LAMSBD for inclusion in the Clean Water Act (State Clean Water revolving fund). Second by Tom Lahey. Passed 8-0.

Budget must be completed in June and posted for approval in July. Board and Trustees were given a preliminary copy for review prior to the April meeting. An Excel copy will be provided. Carl will provide notes to help explain proposed items, two (2) weeks prior to the April meeting.

District Attorney Hans Wahl is preparing a tutorial on the Sunshine Law for the Board. The law deals with two areas: public records and communications of the board. Meetings must be open to the public. All documents made and received by the district are public records and must be made available. They do not have to be explained. Meetings are recorded, posted to the website and are available.

Bid Procedures need to be in a Policy and Procedures Manual. As a new Board, it is a good idea to cc Hans Wahl on the “History.” Carl will send a copy of current bid procedures to Mr. Wahl. Moving forward, requests for action should come through the District Secretary to Mr. Wahl. Anyone can cc Mr. Wahl. Chairman Davis feels the bid procedure should be delayed until the April meeting.

Trustees Report: RFQs due date in a few weeks March 23 – Advisory review. Demand Star posted and 11 firms downloaded RFQs

Capital Improvements Plan (CIP) Consider resources of cost on engineering firm. Tom Lahey asked about a “shovel ready” list of repairs to the North dam.

Vice Chair Forhan: Do not have an EAP update. It will be on the agenda for April. We may need training on EAP.

Question: If an officer leaves a seat, is a motion made to fill the office until election can be held? Answer: In the past, a motion has been made to fill the office for the balance of that term. We currently have a vacant seat. Can it be filled now legally? No The only seat not available for election in November 8, 2022 is seat #5 (Carol Weisenburger). All other seats will be available; those interested must have their forms completed and filed no later than Noon, June 17, 2022.

Workers Compensation Insurance: This is old business. Carl stated that Three of five Trustees, if injured on the dam would not be covered under their insurance policy. Do we need to open a work man’s comp policy? Kay Manly of LOLLA has researched this issue for her board and has offered to share that information. State of Florida does not require businesses with fewer than four employees to carry this insurance. We also do not fall under the definition of a business. Under a legal perspective it is not required. Carol Weisenburger will get a written statement from LAMSBD’s insurance carrier with a fee quote. Kay was allowed to speak without a Question/comment form completed. She will email the information to be distributed to District Secretary who will forward to Alton Davis, Carl Kocher and Carol Weisenburger for review.

Tom Lahey has talked with the man who mows Re: mowing the slope on the North dam. There are deep ruts from a repeated mowing pattern. Tom will ask for a report on the situation. Does the slope need to be changed? Per Matt Forhan: the slope is steeper than 3-1 and needs to be fixed. Lights on the South dam were fixed and the one on the east is out again. Clay Electric has been called to fix it again.

Tom Lahey asked about a UMX (Underwater Mechanics) report. Carl has a copy of this report and will have Darla put it on the website.

The siphon system on the South dam is broken. We do not have a permit at this time. Matt suggested that we purchase replacement parts and store them for later use.

LAMSBD History is out dated on website. Darla has info and is working toward updating the site.

Policy and Procedure manual: Update was given. Matt Forhan made a motion to review and get input from Trustees. Motion Passed 6-2 Second by Carl Kocher

Janet Wantage is looking at Public Community Block Grants and stated that we are on the LMS (Local Mitigation Strategy) list for all CIP projects.

Matt moved to approve the February minutes. Passed 8-0.

Secretary reported on two separate forms that were due two months ago. The OSHA report is complete. The State Ethics Compliance form has been updated. Each Trustee will receive a financial disclosure form in May. They MUST be completed and returned to the Compliance office. They verify each Trustee and send the District Secretary an email to “certify” our list in July. We will then be in compliance.

Chairman Davis asked for questions and comments from the audience. There were three respondents.

Chairman Davis adjourned the meeting at 9pm.

Prepared by Shirley Phillips, District Secretary

Minutes approved April 4, 2022